RusBankrot
We know everything about bankruptcy
05/12/2025
Friday
THIS DAY IN HISTORY:
5 December 
1936 The Stalinist Constitution of the USSR was adopted.
1936 the Stalinist constitution of the USSR was adopted.
1484 Pope Innocent VII initiated the "witch hunt".
1456 An earthquake that destroyed Naples occurred - 35 thousand people died.
1456 occurred an earthquake that destroyed Naples - 35 thousand people died.
5 December
1936 The Stalinist Constitution of the USSR was adopted.
1936 the Stalinist constitution of the USSR was adopted.
1484 Pope Innocent VII initiated the "witch hunt".
1456 An earthquake that destroyed Naples occurred - 35 thousand people died.
1456 occurred an earthquake that destroyed Naples - 35 thousand people died.
WITHOUT CREDITORS AND DEBT: LEGAL GROUNDS FOR TERMINATION OF BANKRUPTCY
The Company applied to the court for declaring the debtor bankrupt (case no. A19-25528/24).
The Court of first instance introduced a debt restructuring procedure and concluded that the creditor's claims were justified due to the lack of evidence of the debtor's fulfillment of obligations under a surety agreement concluded to ensure the fulfillment of obligations of another person.
The Court of Appeal dismissed the application and found the creditor's application unfounded, finding that at the time of the case review, documents confirming payment of the bulk of the debt, with the exception of the amount of the state fee, had been submitted. It has also been established that there are claims from other creditors for which bankruptcy proceedings have not been terminated.
The cassation Court overturned the appeal ruling and terminated the proceedings, noting that at the time of consideration of the appeal there were no established claims of other creditors. In addition, at the time of consideration of the cassation appeal, applications from other creditors for declaring the debtor bankrupt had also not been received.
Moreover, the court took into account that the debtor is not interested in introducing bankruptcy proceedings, as there are negotiations on debt restructuring. It does not follow from the case file that any of the creditors clarified their statements in such a way that they could be considered as statements declaring the debtor bankrupt. In such circumstances, the district court concluded that the court of appeal should have terminated the bankruptcy proceedings, having established the repayment of the debt owed to the original applicant and the absence of other applications for declaring the debtor bankrupt.
Photo: Freepik
The Court of first instance introduced a debt restructuring procedure and concluded that the creditor's claims were justified due to the lack of evidence of the debtor's fulfillment of obligations under a surety agreement concluded to ensure the fulfillment of obligations of another person.
The Court of Appeal dismissed the application and found the creditor's application unfounded, finding that at the time of the case review, documents confirming payment of the bulk of the debt, with the exception of the amount of the state fee, had been submitted. It has also been established that there are claims from other creditors for which bankruptcy proceedings have not been terminated.
The cassation Court overturned the appeal ruling and terminated the proceedings, noting that at the time of consideration of the appeal there were no established claims of other creditors. In addition, at the time of consideration of the cassation appeal, applications from other creditors for declaring the debtor bankrupt had also not been received.
Moreover, the court took into account that the debtor is not interested in introducing bankruptcy proceedings, as there are negotiations on debt restructuring. It does not follow from the case file that any of the creditors clarified their statements in such a way that they could be considered as statements declaring the debtor bankrupt. In such circumstances, the district court concluded that the court of appeal should have terminated the bankruptcy proceedings, having established the repayment of the debt owed to the original applicant and the absence of other applications for declaring the debtor bankrupt.
Photo: Freepik
13.08.2025
